Pat's files lawsuit over contract termination

WORCESTER — Claiming the action was both unlawful and politically motivated, Pat's Service Center has filed a federal lawsuit over the termination of its towing contract with the city.

In a civil suit filed Thursday in U.S. District Court, Metro Motor Sales Inc., doing business as Pat's Service Center of 5 Shrewsbury St., accuses municipal officials of breaching the city's contract with the towing company and violating the constitutional rights of its owner, Patsy Santa Maria Sr.

The suit seeks monetary damages and a preliminary injunction that would force the city to honor the five-year contract during the pendency of the case or until further order of the court.

The city, Police Chief Gary J. Gemme and Thomas F. Zidelis, the city's chief financial officer, are named as defendants in the suit. Chief Gemme and Mr. Zidelis are being sued both individually and in their respective capacities as city employees.

City Manager Michael V. O'Brien informed the City Council Sept. 4 that Pat's Service Center's towing contract with the city was being terminated effective Sept. 12. The city signed a five-year contract with Pat's in December 2010. Pat's pays the city $170,000 annually to tow in five city zones.

"I take this action solely in the interest of public safety because of recent actions and judgments involving employees, recent serious allegations of illegalities by the owner of record and details presented to me by the Chief of Police Gary Gemme," Mr. O'Brien wrote in a communication to councilors.

He said the city had contracted with replacement tow companies to cover the five tow zones previously assigned to Pat's beginning Sept. 12.

Chief Gemme's recommendation to end the contract made reference to the arrest of the 72-year-old Mr. Santa Maria on charges of trying to bribe a witness in the Worcester Superior Court trial of his son, Patsy Santa Maria Jr., on charges of beating an employee of Curtis Plow at Pat's Service Center in 2011. The younger Mr. Santa Maria ended up pleading guilty and was placed on probation with a suspended jail sentence.

The chief also wrote that from Aug. 22, 2008, through Aug. 22, 2013, police received 261 emergency calls for officers to respond to the business at 5 Shrewsbury St.

He also noted that the police tow contract held by Pat's required that some vehicles be brought to police headquarters for investigative purposes. He said having the tow company's owner charged with witness tampering and subornation of perjury "casts a cloud on the integrity of evidence gathered from vehicles placed in the hands of a tow company and towed to the Police Station for evidentiary purposes in criminal cases."

City Solicitor David M. Moore said Friday the lawsuit was "not unexpected," although he initially believed it would be filed in state court.

"But we believe the pattern of violent and criminal behavior violates the city tow contract and gives the city the right to terminate the contract," Mr. Moore said.

He said he expected a hearing on the injunction request to be scheduled soon.

The elder Mr. Santa Maria's lawyer, Robert S. Sinsheimer, alleged in the lawsuit that Chief Gemme "harbors great personal animus toward the Santa Marias." Addressing the 261 police calls referred to by the chief, the lawsuit accuses him of failing "to tell the whole truth."

"The great majority of the referenced calls came from Pat's own employees seeking police assistance with car owners angry that their vehicle had been towed," the suit states.

The lawsuit alleges that the contract, which was to run through Dec. 31, 2015, was terminated "without due process" and in "a totally arbitrary and capricious manner" and that Mr. Santa Maria had performed the services required of him in an "exemplary" fashion.

"The city is acting solely for political reasons, in response to negative media attention paid to individuals affiliated with the Plaintiff corporation," the suit states.

The lawsuit alleges the city approached Pat's earlier this year with a proposed amendment that would have broadened the basis for which the city could terminate the contract. Pat's said the city did not provide any additional consideration for the amendment, which was not signed. The amendment included a provision that would have permitted the city to conduct criminal background checks on Pat's employees.

In support of his request for a preliminary injunction, Mr. Sinsheimer said his client would be able to establish a likelihood of success on the merits of his case, as well as demonstrate that he would suffer irreparable harm if the injunction were not granted.

"Defendants' precipitous action has the effect of forcing a potential liquidation of the plaintiff's business," the lawyer wrote. He said Mr. Santa Maria had paid the city more than $170,000 this year under terms of the contract.